Bogie v. Rosenberg

Dist. Ct. did not err in dismissing for failure to state cause of action claims under Wisconsin law for invasion of privacy and misappropriation of plaintiff’s image arising out of defendants’ use in 82-minute documentary of 16-second filmed conversation plaintiff had with defendant Joan Rivers in backstage area after defendant Rivers had completed comedy routine. Plaintiff could not establish invasion of privacy action since: (1) backstage area where conversation took place in front of cameras did not convey reasonable expectation of privacy; and (2) plaintiff’s embarrassing comments she made to defendant Rivers about deaf people could not satisfy “offensiveness” element of claim. Moreover, plaintiff could not establish misappropriation claim where: (1) instant documentary about career of Joan Rivers was matter of public interest and fell within newsworthiness exception; and (2) instant 16-second conversation constituted incidental use of plaintiff’s image that was too insignificant to establish misappropriation claim.